
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC6325]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                           PART II--PERSONNEL
 
                    CHAPTER 571--VOLUNTARY RETIREMENT
 
Sec. 6325. Officers: retired grade and pay

    (a) Except as provided in subsection (b) or section 1370 of this 
title, each officer who is retired under section 6321 or 6322 of this 
title--
        (1) unless otherwise entitled to a higher grade, shall be 
    retired in the grade in which he was serving at the time of 
    retirement; and
        (2) unless otherwise entitled to higher pay, is entitled to 
    retired pay computed under section 6333 of this title.

    (b) Each officer who is retired while serving in the grade of 
admiral, vice admiral, general, or lieutenant general by virtue of an 
appointment under section 601 of this title or who is retired while 
serving in a grade to which he was appointed or promoted under section 
603 of this title or promoted under section 602 \1\ (as in effect before 
February 1, 1992) or section 5721 of this title--
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------
        (1) unless otherwise entitled to a higher grade, shall be 
    retired in the grade he would hold if he had not received such an 
    appointment; and
        (2) unless otherwise entitled to higher pay, is entitled to 
    retired pay computed under section 6333 of this title.

    (c) A warrant officer who retires under section 6321, 6322, or 6323 
of this title may elect to be placed on the retired list in the highest 
grade and with the highest retired pay to which he is entitled under any 
provision of this title.

(Aug. 10, 1956, ch. 1041, 70A Stat. 394; Pub. L. 85-422, 
Sec. 11(a)(6)(B), May 20, 1958, 72 Stat. 131; Pub. L. 85-861, 
Sec. 1(143), Sept. 2, 1958, 72 Stat. 1509; Pub. L. 88-132, Sec. 5(h)(4), 
Oct. 2, 1963, 77 Stat. 214; Pub. L. 95-377, Sec. 7, Sept. 19, 1978, 92 
Stat. 721; Pub. L. 96-342, title VIII, Sec. 813(d)(3), Sept. 8, 1980, 94 
Stat. 1104; Pub. L. 96-513, title V, Secs. 503(47)(B), 513(17), Dec. 12, 
1980, 94 Stat. 2914, 2932; Pub. L. 97-22, Sec. 10(b)(8), July 10, 1981, 
95 Stat. 137; Pub. L. 99-348, title I, Sec. 104(c)(2), title II, 
Sec. 203(b)(3), July 1, 1986, 100 Stat. 691, 696; Pub. L. 102-484, div. 
A, title X, Sec. 1052(39), Oct. 23, 1992, 106 Stat. 2501.)

                                          Historical and Revision Notes
                                                    1956 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6325..................................  34 U.S.C. 410m.                      Au
g. 7, 1947, ch. 512, Sec.
                                                                              3
16(j), 61 Stat. 868.
                                        34 U.S.C. 626-1(a) (1st sentence).   Au
g. 7, 1947, ch. 512, Sec.  314(a)
                                                                              (
1st sentence), 61 Stat. 863; May
                                                                              5
, 1954, ch. 180, Sec.  205, 68
                                                                              S
tat. 68.
                                        34 U.S.C. 389 (1st sentence as       R.
S. 1457 (1st sentence as
                                         applicable to grade).                a
pplicable to grade).
                                        34 U.S.C. 410c(a) (as applicable to  Fe
b. 21, 1946, ch. 34, Sec.  7(a)
                                         retired pay of officers retired      (
as applicable to retired pay of
                                         under 34 U.S.C. 410b).               o
fficers retired under Sec.  6),
                                                                              6
0 Stat. 27; Aug. 7, 1947, ch.
                                                                              5
12, Sec.  432(a), 61 Stat. 881.
                                        34 U.S.C. 43g(d).                    Ap
r. 16, 1947, ch. 38, Sec.
                                                                              2
07(e), 61 Stat. 49; redesignated
                                                                              (
d), Aug. 7, 1947, ch. 512, Sec.
                                                                              4
34(d), 61 Stat. 882; May 16,
                                                                              1
950, ch. 186, Sec.  3(i), 64
                                                                              S
tat. 162.
                                        34 U.S.C. 43g(f).                    Ap
r. 16, 1947, ch. 38, Sec.
                                                                              2
07(g), 61 Stat. 49; redesignated
                                                                              (
f), Aug. 7, 1947, ch. 512, Sec.
                                                                              4
34(d), 61 Stat. 882.
                                        34 U.S.C. 410r(a), (g).              Ju
ne 12, 1948, ch. 449, Sec.
                                                                              2
07(a), (g), 62 Stat. 366.
                                        34 U.S.C. 625h(a).                   Ju
ne 12, 1948, ch. 449, Sec.
                                                                              2
13(a), 62 Stat. 369.
                                        34 U.S.C. 430(f) (as applicable to   Ma
y 29, 1954, ch. 249, Sec.  14(f),
                                         officers retired under 34 U.S.C.     6
8 Stat. 163 (as applicable to
                                         381, 34 U.S.C. 383, and 34 U.S.C.    o
fficers retired under R.S. 1443,
                                         410b).                               A
ct of May 13, 1908, ch. 166, 35
                                                                              S
tat. 128 (8th sentence, less
                                                                              p
roviso), and Act of Feb. 21,
                                                                              1
946, ch. 34, Sec.  6, 60 Stat.
                                                                              2
7).
-------------------------------------------------------------------------------
---------------------------------

    Title III of the Officer Personnel Act of 1947 authorizes temporary 
promotions to the grades of lieutenant through rear admiral. The purpose 
of Sec. 316(j) of that act (34 U.S.C. 410m) was to insure that each 
officer who is temporarily promoted under that Title, and who retires 
before he receives a permanent appointment in the grade in which he is 
serving, will be considered, for the purposes of the laws relating to 
retired grade and pay, to be serving in the grade he holds pursuant to 
his temporary appointment. Since Sec. 5001 of this title provides that 
an officer who holds a permanent appointment in one grade and a 
temporary appointment in a higher grade is considered as serving in the 
higher grade, a restatement of the substance of Sec. 316(j) is 
unnecessary and is omitted from subsection (a). The words ``retired 
other than by reason of physical disability incurred in line of duty'', 
in 34 U.S.C. 43g(d) and (f) and 34 U.S.C. 410r(g), are omitted as 
unnecessary, since this section relates only to officers who are 
voluntarily retired under this chapter. The words ``basic pay to which 
he would be entitled if serving on active duty in the grade in which 
retired'' are substituted for the words ``active-duty pay with longevity 
credit of the rank with which retired'' in 34 U.S.C. 410c(a), for the 
words ``active-duty pay to which entitled at the time of retirement'' in 
34 U.S.C. 43g(d), and for the words ``active-duty pay to which she would 
be entitled if serving, at the time of retirement, on active duty in the 
rank in which placed upon the retired list'' in 34 U.S.C. 43g(f) and 34 
U.S.C. 410r(g), to make clear the fact that the amount of retired pay is 
not permanently fixed at the time of retirement but is subject to change 
when rates of basic pay are changed, as provided in 34 U.S.C. 410q. The 
words ``basic pay'' are substituted for the words ``active-duty pay'' 
and the words ``creditable for basic pay'' are substituted for the words 
``for which entitled to credit in the computation of her active-duty 
pay'', and for the words ``for which entitled to credit in the 
computation of their pay while on active duty'' to conform to the 
terminology used in the Career Compensation Act of 1949 (37 U.S.C. 231 
et seq.)
    Unlike provisions of law authorizing retirement on various other 
grounds, R.S. 1443, which provides for the retirement of officers on 
their own application after 40 years of service, contains no provisions 
as to retired pay. R.S. 1588 provided, inter alia, that officers so 
retired should received retired pay at the rate of 75 percent of the sea 
pay of their respective grades, but that section was expressly repealed 
by Sec. 531(a)(7) of the Career Compensation Act of 1949, leaving no 
specific provision for the retired pay of officers retired under R.S. 
1443. It would be absurd to assume, however, that Congress intended that 
an officer having 40 years of service should be retired without pay, 
when he could have been retired with pay at any time within the 
preceding 20 years. By the repeal of R.S. 1588 Congress intended merely 
to remove obsolete and superseded provisions as to retirement at age 62 
and retirement after 45 years of service, references to sea pay, and 
provisions, inconsistent with later law, for half pay for officers 
retired for other reasons. Congress intended the retired pay of officers 
retired after 40 years of service to be computed according to the 
formula prescribed generally for retired officers, other than for 
officers retired by reason of physical disability, and this section is 
worded accordingly.
    Subsection (b) is added for clarity. With respect to officers 
appointed under Secs. 5231 or 5232 of this title it represents a 
necessary inference from 34 U.S.C. 410o and 623b(e), codified in 
Sec. 5233 of this title.

                                                    1958 Act
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6325..................................  [No source].                         [N
o source].
-------------------------------------------------------------------------------
---------------------------------

    The reference to section 6323 is deleted, since it is no longer 
appropriate to include in this section officers retired under section 
6323.

                       References in Text

    Section 602 of this title, referred to in subsec. (b), was repealed 
by Pub. L. 102-190, div. A, title XI, Sec. 1113(a), Dec. 5, 1991, 105 
Stat. 1502.


                               Amendments

    1992--Subsec. (b). Pub. L. 102-484 substituted ``section 602 (as in 
effect before February 1, 1992) or section 5721'' for ``section 602 or 
5721''.
    1986--Subsec. (a)(2). Pub. L. 99-348, Sec. 203(b)(3), substituted 
provision that retired pay be computed under section 6333 for provision 
that retired pay, in the case of an officer who first became a member of 
a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 
1980, be at the rate of 2\1/2\ percent of the basic pay of the grade in 
which he retired, or in the case of an officer who first became a member 
of a uniformed service, as defined in section 1407(a)(2), on or after 
Sept. 8, 1980, be at the rate of 2\1/2\ percent of the monthly retired 
pay base computed under section 1407(d), which rates were to be 
multiplied by the number of years of service credited under section 
1405, but such retired pay was not to be more than 75 percent of the 
basic pay or monthly retired pay base upon which the computation of 
retired pay was based.
    Subsec. (b)(2). Pub. L. 99-348, Sec. 203(b)(3), substituted 
provision that retired pay be computed under section 6333 for provision 
that retired pay, in the case of an officer who first became a member of 
a uniformed service, as defined in section 1407(a)(2), before Sept. 8, 
1980, be at the rate of 2\1/2\ percent of the basic pay of the grade he 
would have held if he had not received an appointment, or in the case of 
an officer who first became a member of a uniformed service, as defined 
in section 1407(a)(2), on or after Sept. 8, 1980, be at the rate of 2\1/
2\ percent of the monthly retired pay base computed under section 
1407(d), which rates were to be multiplied by the number of years of 
service credited under section 1405, but such retired pay was not to be 
more than 75 percent of the basic pay or monthly retired pay base upon 
which the computation of retired pay was based.
    Subsec. (c). Pub. L. 99-348, Sec. 104(c)(2), struck out provision 
that if the pay of that highest grade was less than the pay of any 
warrant grade satisfactorily held by him on active duty, his retired pay 
would be based on the higher pay.
    1981--Subsec. (b). Pub. L. 97-22, in provisions preceding par. (1), 
substituted ``appointed or promoted under section 603 of this title or 
promoted under section 602 or 5721 of this title'' for ``appointed under 
section 5597 of this title or promoted under section 5787 or 5787d of 
this title''.
    1980--Subsec. (a). Pub. L. 96-513, Sec. 503(47)(B)(i), inserted ``or 
section 1370 of this title'' after ``subsection (b)''.
    Subsec. (a)(2). Pub. L. 96-513, Sec. 513(17), substituted 
``September 8, 1980'' for ``the date of the enactment of the Department 
of Defense Authorization Act, 1981'' wherever appearing.
    Pub. L. 96-342, Sec. 813(d)(3)(A), designated existing provisions as 
subpar. (A), inserted provision limiting applicability to officers who 
became members of the uniformed services before the date of the 
enactment of the Department of Defense Authorization Act, 1981, and 
added subpar. (B).
    Subsec. (b). Pub. L. 96-513, Sec. 503(47)(B)(ii), substituted 
``601'' for ``5231 or 5232''.
    Subsec. (b)(2). Pub. L. 96-513, Sec. 513(17), substituted 
``September 8, 1980'' for ``the date of the enactment of the Department 
of Defense Authorization Act, 1981'' wherever appearing.
    Pub. L. 96-342, Sec. 813(d)(3)(B), designated existing provisions as 
subpar. (A), inserted provision limiting applicability to officers who 
became members of the uniformed services before the date of the 
enactment of the Department of Defense Authorization Act, 1981, and 
added subpar. (B).
    1978--Subsec. (b). Pub. L. 95-377 inserted ``or 5787d'' after 
``5787''.
    1963--Subsecs. (a)(2), (b)(2). Pub. L. 88-132 substituted ``of'' for 
``to which he would be entitled if serving on active duty in'' following 
``2\1/2\ percent of the basic pay''.
    1958--Subsec. (a). Pub. L. 85-861 substituted ``or 6322'' for ``, 
6322, or 6323''.
    Subsecs. (a)(2), (b)(2). Pub. L. 85-422 substituted ``that may be 
credited to him under section 1405 of this title'' for ``creditable for 
basic pay''.


                    Effective Date of 1981 Amendment

    Section 10(b) of Pub. L. 97-22 provided that the amendment made by 
that section is effective Sept. 15, 1981.


                    Effective Date of 1980 Amendment

    Amendment by section 503(47) of Pub. L. 96-513 effective Sept. 15, 
1981, and amendment by section 513(17) of Pub. L. 96-513 effective Dec. 
12, 1980, see section 701 of Pub. L. 96-513, set out as a note under 
section 101 of this title.


                    Effective Date of 1963 Amendment

    Amendment by Pub. L. 88-132 effective Oct. 1, 1963, see section 14 
of Pub. L. 88-132, set out as a note under section 201 of Title 37, Pay 
and Allowances of the Uniformed Services.


                    Effective Date of 1958 Amendment

    Amendment by Pub. L. 85-422 effective June 1, 1958, see section 9 of 
Pub. L. 85-422.


       Recomputation of Retired Pay of Admirals and Vice Admirals

    Officers entitled to retired pay on May 31, 1958, who served on 
active duty before that day in the grade of admiral or vice admiral for 
a period of at least 180 days, authorized to recompute retired pay, see 
section 7(b), (c) of Pub. L. 85-422.

                  Section Referred to in Other Sections

    This section is referred to in sections 1406, 6333 of this title.
